If someone is being detained in jail by their probation officer,and their probation has expired,do they have to release them

Asked about 1 year ago - Melrose, MA

the person has not been sentenced on a probation violation,the po wants him to get in a drug program,but as I stated his probation has expired

Attorney answers (4)

  1. Lauren Craig Redmond

    Contributor Level 16

    7

    Lawyers agree

    Answered . If the violation occurred before the probation expired then s/he can be held until there is a final surrender hearing, even if the probation expires while the probationer is being held.

    Attorney Lauren Craig Redmond ~ 617.953.6116 ~ No attorney/client relationship is established or implied by any... more
  2. Robert D Lewin

    Pro

    Contributor Level 12

    6

    Lawyers agree

    Answered . The short answer to your question is NO.Typically, the filing of a probation violation notice acts to prevent probation from being terminated even if the probation end date passes by. You say the person is detained; I assume the person is being detained as the result of a probation violation notice. When the person is brought back to court there will be a hearing to determine if the person has violated probation. If the judge determines that there was no violation of probation and if the probation end date has passed then the probation will be terminated and the person released. If the Judge determines that there has been a violation of probation then the Judge can still terminate probation and release the person if the judge feels the violation was not serious or the judge can extend the terms of probation with the same terms or with new terms of probation or the Judge can revoke the probation and impose a jail sentence. I hope this answers your question.

    Robert D. Lewin, Attorney
    LEWIN & LEWIN, CRIMINAL LAWYERS
    Offices in Malden, Andover, and North Andover, MA
    Tel. 781-322-2228
    Fax. 781-322-6351
    Email: rlewin@lewinandlewin.com
    Website: www.lewinandlewin.com

  3. Michael J. Szklasz

    Pro

    Contributor Level 17

    2

    Lawyers agree

    Answered . Not if he/she was detained before the probation expired in many cases. Talk to a criminal defense attorney who can get more information for a better answer.

    No attorney-client relationship is created in responding to this question, and advice provided is based solely on... more
  4. Frank Mascagni III

    Contributor Level 20

    2

    Lawyers agree

    Answered . The inmate needs a criminal defense attorney ASAP to review the original sentence/judgment, the terms of the probation agreement and see what options exist after reviewing the documents, talking to the PO and the prosecutor; lastly filing a motion with the court, if needed.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this... more

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